Expunging or Sealing an Adult Criminal Record

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If you have a criminal record, you probably already know that it can create trouble for you. Maybe an employer or landlord has asked whether you’ve ever been convicted of -- or even arrested for -- a criminal offense. Perhaps your answer has taken you out of the running for a job or an apartment. In these and other ways, a criminal record for even a minor offense can wreak havoc in your life. The good news is that, in some cases -- depending on the specifics of your record and on the state in which you reside -- you may be able to clean up your criminal record through a process called "expungement" or, in some states, "expunction."

What Is Expungement?

Expungement refers to the process of destroying, erasing, or sealing arrest or conviction records. Almost every state has enacted laws that allow people to expunge arrests, and often convictions, from their records. Though the details vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to most potential employers, or landlords. For example, let's say that you were convicted of petty theft and later had the conviction expunged, and that this was your only brush with the criminal justice system. If you apply for a job and the application asks, "Have you ever been convicted of a criminal offense?" you can legally answer, "No."

Although expunging or sealing a criminal record has many benefits, in some situations your criminal record will live on. You can learn about the limited situations in which a sealed or expunged record may still be used against you in The Limits of Expunging Your Criminal Record.

Is Your Record Eligible for Expungement?

Because an expungement offers a fresh start of sorts, one of the most important actions you can take is to find out whether your record qualifies. A few states have very strict laws and rarely allow expungement of accurate arrest or conviction records, but most have expungement procedures that depend on the following factors:

whether you were actually convicted of a crime

if you were convicted, the severity of the crime

how long it has been since you were arrested or convicted

whether you have successfully completed the terms your sentence, probation, or diversion program, and

whether you have been convicted of other crimes in the past.

No matter where you live, it is unlikely that you will be able expunge a very serious crime, such as a violent felony or a sex offense.

Applying for Expungement

If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free. (That said, you must usually pay a fee at the time you file your paperwork with the court.) In more complex situations, you will need the assistance of a qualified criminal law attorney.

Expungement Laws by State

To learn more about expunging criminal records, read the overview for your state below. Follow the link to the state article itself, to learn whether you can expunge an arrest or conviction record where you live, and for tips on getting started.

In Alaska, you may ask to have your criminal record
sealed only if the record is, beyond a reasonable doubt, based on
mistaken identity or false accusation. If your criminal record is not
based on mistaken identity or false accusation, but contains other
errors, you may be able to have it corrected.

In Colorado, it is not usually possible to expunge or
"seal" a conviction from your criminal record, even if you have
completed probation. There are, however, exceptions for some offenses
involving controlled substances.

Your record may be erased if: you were charged with a
crime but found not guilty, your case was dismissed, the charges
against you were dropped (“nolled”) at least 13 months ago, or, your
case was put on hold (“continued”) at least 13 months ago and there has
been no prosecution or other disposition of the matter.

If you were arrested and charged (but not convicted)
with a misdemeanor and you have no other convictions on your record,
you may be entitled to mandatory expungement. If you were convicted of
a misdemeanor, the only way to have your record expunged is to apply
for a pardon.

In the District of Columbia, you can always petition to
have your criminal records sealed if you can show that you were
innocent of the crime for which you were arrested or charged. If you
were arrested for, or arrested and charged with, an eligible
misdemeanor offense, you may petition to have your criminal records
sealed.

If you were arrested but not convicted of a crime, your
criminal record may be eligible for sealing or expungement. If you were
found guilty -- or pleaded guilty or nolo contendere -- there is an
extensive list of crimes that are not eligible for expungement or
sealing under Florida law.

You may be able to expunge your Georgia criminal record
if the charges against you were dropped or dismissed. The Georgia First
Offender Act permits some defendants to receive probation instead of
being subject to judgment by a court.

If you were arrested -- or arrested and charged -- but
not convicted of a crime, you can ask to have your criminal history
record expunged. In some cases, expungement may be available for
first-time, nonviolent drug offenders who have completed probation and
treatment.

In Illinois, “expunging” and “sealing” a criminal record
are two different things. If you have never been convicted of a crime
or violated a municipal ordinance, you may be eligible to have your
record expunged. If you have been convicted, you may be able to have
your records sealed.

Indiana has two separate sets of laws that may help you
clean up your criminal record. In some cases, your record may be
eligible for expungement -- that is, complete erasure. In others, your
record may qualify for restricted access.

If you were arrested but not convicted of a crime, you
may petition to have your arrest record expunged. If you were convicted
of one of the eligible crimes, you can petition for expungement if more
than three (or five) years have passed since you satisfied the
conditions of your diversion agreement, probation, sentence, parole, or
post-release supervision.

If you were convicted of a criminal misdemeanor or
violation -- or multiple misdemeanors or violations arising from a
single incident -- the related records may be eligible for expungement
five years after you complete your probation or sentence.

Maine does not allow the expungement of adult criminal
records. Instead, under some circumstances, your record may be
designated “nonconviction data”, which means it will be sealed from
public view and, in most cases, you will not have to disclose that you
were arrested or convicted of a crime.

If you were arrested but not charged, your record
qualifies for expungement. If you were arrested and charged with a
crime, but not convicted. You may request that your record be expunged.
Your criminal record may qualify for expungement if you were convicted
of only one nonviolent crime and the Governor granted you a full pardon.

If you were convicted of a misdemeanor, other than a
traffic violation, and you are a first offender, you may petition to
have your conviction expunged. Five years after successfully completing
the terms of your sentence, you may petition to expunge your conviction
if it is one of the eligible felonies.

It is not possible to expunge a criminal conviction in
Nebraska. If, however, you were arrested but not convicted of a crime,
or if your conviction was reversed, your record may be eligible for
expungement.

In Nevada, your criminal record may be sealed under some
circumstances. If your record is sealed, it is hidden from public view.
For legal purposes, it is as though the events described within the
sealed record never occurred

If you were arrested or detained, but not convicted of a
crime, you may petition to have the related criminal record expunged.
New Jersey law permits the expungement of many criminal convictions
after successfully completing your sentence and waiting for a required
period of time.

Most of the time, it’s not possible to expunge an
accurate arrest or charge on an New Mexico criminal record. New Mexico
allows adult criminal records to be expunged only in very limited
circumstances.

If charges were dismissed or you were found not guilty.
Your arrest record may qualify for expungement. There are also a number
of circumstances under which alcohol, drug, or toxic vapors offenses
can be expunged in North Carolina.

If you pleaded guilty or no contest to the charges
brought against you, and you were given a deferred sentence, the
related record may qualify for sealing after you successfully complete
all the conditions of probation. Cases not involving probation may
qualify for expungement in some circumstances.

In Oregon, the process of expunging a criminal record is
called “expunction” or “setting aside.” If your record is set aside, it
will no longer be visible to the general public, including potential
employers.

If any of the following are true, your criminal record
may qualify for sealing, you were acquitted, the charges against you
were dismissed, there was no true bill or “no information,” or, you
were otherwise exonerated. If you are a first offender and you were
convicted of a crime other than a crime of violence, your criminal
record may qualify for expungement.

If you were a first-time offender, you were not
convicted of a violent crime, and you completed a pre-trial
intervention program you may apply to have the related criminal record
expunged. There are other options for first time offenders as well.

South Dakota has only a few laws governing the
expungement or sealing of criminal records. However, if your
circumstances are not covered by one of these laws, you may still be
able to clean up your record.

If you successfully completed a pretrial diversion
program, your conviction record may be eligible for expungement. If you
successfully completed probation, your conviction record may be
eligible for expungement.

In Texas, the process of expunging a criminal record is
often called “expunction.” In addition, some criminal records may be
sealed by court order, called an “order of nondisclosure.” If your
criminal record is expunged or sealed, it will no longer be visible to
the general public.

For first-time drug offenses your criminal record may
qualify for expungement if you have successfully completed a deferred
sentence and your case was discharged or dismissed. Misdemeanor
offenses committed between the ages of 18 and 26 may qualify for
expungement.

Wisconsin allows adult criminal records to be expunged
in very limited circumstances. If you were arrested but not convicted
of a crime, it may be possible to have some or all of your arrest
record removed from the Wisconsin Criminal History Repository. If you
were convicted of a minor offense when you were under the age of 25, a
court may have the authority to expunge that conviction.